The DTSA supplements the criminal penalties of the EEA (found here)by providing a range of civil remedies for trade secret misappropriation. According to the DTSA, misappropriation includes the unauthorized use or disclosure...more
Is Theft of Trade Secrets a Crime Under Federal Law? Yes. In this installment, we’ll focus on the Economic Espionage Act (EEA) and the Defend Trade Secrets Act (DTSA), as well as the Computer Fraud and Abuse Act (CFAA). Theft...more
If the secrecy of certain confidential information is compromised, it may lose its status as a trade secret. Courts will not recognize information as a trade secret if it has become generally available, is commonly used...more
Understanding the definition of a trade secret under federal law is crucial for businesses looking to protect their valuable information. Trade secrets are also defined by state law. While there is no single, universal...more
In the world of business, safeguarding your company’s valuable information is crucial to maintaining a competitive edge. One of the most important assets a company can have is its trade secrets. But what exactly are trade...more
As generative AI continues to be a hot topic in board rooms and an unavoidable reality on the front lines of business, leaders must make informed decisions when choosing AI vendors. The integration of AI into your operations...more
8/27/2024
/ Artificial Intelligence ,
Compliance ,
Confidential Information ,
Corporate Counsel ,
Data Security ,
Due Diligence ,
Incident Response Plans ,
Machine Learning ,
Privacy Laws ,
Risk Management ,
Vendors
In a recently published ABA ethics opinion, the American Bar Association takes the position that a lawyer “must consider” whether they have a duty to disclose GAI use to their client, and concludes that lawyers “may tell...more
The American Bar Association (“ABA”) recently issued Formal Opinion 512, providing essential guidance for lawyers and law firms using Generative AI (“GAI”) tools. As we have written about previously, when lawyers employ GAI...more
8/6/2024
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Attorney's Fees ,
Client Communication ,
Confidentiality Policies ,
Consent ,
Data Security ,
Duty to Disclose ,
Ethics ,
Legal Ethics ,
Legal Technology ,
Machine Learning ,
Technology Sector
Arkansas has adopted the Model Uniform Trade Secrets Act with some modifications. We refer to this as the Arkansas Uniform Trade Secrets Act (“AUTSA”) and it can be found at Ark. Code Ann. § 4-75-601, et seq....more
Are attorney fees recoverable when suing on trade secret claims? In some cases, yes. In Arkansas, attorneys’ fees are recoverable in a breach of contract case...more
Are certain claims prevented when bringing a trade secret claim? Yes. Generally speaking the Arkansas Uniform Trade Secrets Act (AUTSA) displaces conflicting tort, restitutionary, and other law concerning the misappropriation...more
Do you need to have a contract to bring a trade secret claim? No. Arkansas law protects trade secrets whether there is a contractual agreement to protect them or whether no such written agreement exists...more
What are other related claims and issues often litigated in a trade secret case? The ones that we most commonly see arise are non-compete agreements, non-solicitation agreements, non-disclosure agreements, confidentiality...more
Does Arkansas recognize the doctrine of inevitable disclosure in the context of trade secret issues? In some circumstances, yes...more
On Tuesday, April 23rd, the Federal Trade Commission voted to enact a final rule banning most non-compete agreements between employers and employees. Generally, non-compete agreements prohibit employees from engaging in...more
4/26/2024
/ Department of Labor (DOL) ,
Employment Contract ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
Trade Secrets
How can you defend yourself if you are accused of misappropriation of trade secrets? This is a complex area of the law and there is no one-size-fits-all defense. Developing a strategy to successfully defend against a claim...more
What is the statute of limitations for a trade secrets claim? Three years. The Arkansas Uniform Trade Secrets Act explicitly provides that there is a three-year statute of limitations. The three-year time period begins to run...more
Who can be held accountable for misappropriation of Trade Secrets? The Arkansas Uniform Trade Secrets Act answers this question, explaining that the following may be liable for trade secret misappropriation:
Individuals....more
The decision to integrate Generative AI (“GAI”) into an organization is one that occupies significant space these days in many corporate board rooms. In today’s rapidly evolving business landscape, the adoption of GAI...more
4/9/2024
/ Artificial Intelligence ,
Business Interruption ,
Commercial General Liability Policies ,
Cyber Insurance ,
D&O Insurance ,
Data Breach ,
Errors and Omissions Policy ,
Innovation ,
Innovative Technology ,
Insurance Industry ,
Machine Learning ,
Malpractice Insurance ,
Risk Management
What must you show to prove that someone misappropriated trade secrets? The Arkansas Uniform Trade Secrets Act provides that misappropriation of trade secrets can be shown in one or more of three ways: acquisition or physical...more
4/3/2024
/ Acquisitions ,
Breach of Duty ,
Bribery ,
Disclosure ,
Espionage ,
Fraudulent Inducement ,
Intellectual Property Protection ,
Misappropriation ,
Misrepresentation ,
Misuse of Information ,
Theft ,
Trade Secrets ,
Uniform Trade Secrets Acts
In today’s rapidly evolving technological landscape, the integration of generative AI (“GAI”) has become increasingly prevalent across various professions and industries. From enhancing customer experiences to streamlining...more
When someone violates the secrecy of a company’s trade secrets, what can the company do about it? Writing a sternly worded cease and desist letter is often a good first step that we recommend to clients, however it must be...more
The Internet of Things (“IoT”) has ushered in a new era of connectivity and convenience, but with it comes a host of legal issues and emerging theories of liability. As IoT devices become increasingly ubiquitous in our daily...more
3/26/2024
/ Automated Decision Systems (ADS) ,
Bias ,
Cyber Attacks ,
Data Breach ,
Data Collection ,
Data Privacy ,
Data Protection ,
Fair Labor Standards Act (FLSA) ,
Hackers ,
Hardware ,
Information Technology ,
Internet of Things ,
Liability ,
Policies and Procedures ,
Popular ,
Proposed Legislation ,
Public Safety ,
Regulatory Agenda ,
Security Risk Assessments ,
Sensitive Personal Information ,
Smart Devices ,
Software
In the fast-paced world of tech litigation, one case stands out for its implications on trade secrets and intellectual property rights: Neural Magic, Inc. v. Meta Platforms, Inc. and Aleksandar Zlateski. This federal court...more
How do you protect trade secrets? You take reasonable efforts to maintain the secrecy of the information. As we have outlined in prior installments of this series, taking reasonable efforts to maintain secrecy is a key issue...more